Right To Remain Silent
by LadyLockhart123
Summary: When Kurt is accused of committing a crime, can Diane clear his name on time? (AU, but give it a chance, maybe?)
1. Chapter 1

**A/N**

 **Hey yous. I really do not know where it came from, but this is what I've come up with. I hadn't intended on posting, but I gave a friend a sneak preview and she said this should definitely be posted. It's different from what we would usually read about Diane and Kurt, but I'll give more warnings down below.**

 **Warning: Cussing, in some chapters more than others. Most of you will probably think this is AU. Also, I really took a liking to Adrian Boseman in TGF so I'm including him in this, just not as an attorney. I hope you guys will still like it. But just don't say I didn't warn you :P Will and Kalinda are also here.**

 **Plotline: When Kurt is accused of committing a crime, can Diane clear his name on time?**

 **Disclaimer: I ideas are mine, the show and characters aren't.**

 **Author: LadyLockhart123**

 **Right To Remain Silent**

"Miss Lockhart, please step away from Mr. McVeigh!" a voice commands from behind.

Slowly, they turn around to find six guns pointing at them. They exchange a worried look, and Diane swallows hard.

"What the hell?" Kurt exclaims in disbelief.

The team leader in front of them, Detective Morrissey, takes a step forward. "I repeat. Step away from Mr. McVeigh." He tightens his grip on his weapon.

"Diane, do it," Kurt nods, noting the stubborn look on his wife's face. "Do it for me. I'll be fine."

She stares at him and she resignedly nods. Slowly, she backs way, never moving her eyes from his. Two cops grab her by the arms and shove her behind them, instantly training their weapons back on Kurt.

"Hey! No need to be so rough." Kurt glares at the two officers, but looks away when he sees Diane nod from behind them.

When he is sure Diane is out of harms way, Detective Morrissey spoke up. "Mr. McVeigh, place the weapon on the ground."

Kurt turns his attention back to the detective, confusion clearly written across his face. Slowly, he bends at the knees and gently sets the pistol on the ground and straightens up.

The detective nods. "Good. Now back away from the weapon."

Kurt takes a couple steps back, holding his hands up and away from his body, showing them that he is unarmed. Morrissey gestures at the ground with his gun.

"On your knees."

Keeping his eyes locked on the detective, Kurt places his hands on the back of his head and kneels on the ground. The six police officers, guns still trained on him, cautiously approach. Morrissey nods and three officers holster their weapons, rush ahead and roughly wrestle Kurt to the floor.

"Hey!" Diane exclaims, surging forward with anger burning in her eyes. "There's no need for that. He's not resisting."

Detective Morrissey whirls around and plants a hand on Diane's shoulder, stopping the attorney in her tracks. "Miss Lockhart, if you don't stay where you are, I will arrest you for interfering with an official police investigation. Either you can go back to the station under your own power or cuffed in the back of a cruiser like your spouse. Your choice."

Diane glares at the detective, then steps back, shrugging his grip off. She locks eyes with Kurt, who is pinned to the ground by two of the officers while being frisked by the third. He shakes his head. "Diane, don't."

She sighs and reluctantly takes another step back, respecting Kurt's wish even though she doesn't like it one bit. "Fine," she mutters.

"Smart move," Morrissey says. He leaves her standing where she is and goes to tower over Kurt. He casually rests one hand on his weapon. "Kurt McVeigh, you are under arrest for the murder of James Hill," he informs him and proceeds to read Kurt his rights.

Kurt's arms are roughly jerked down and behind his back, grimacing when the handcuffs were ratcheted too tightly around his wrists. Morrissey pauses in his recital while he is hauled unceremoniously to his feet. When both officers hold him securely, he continues. "Do you understand these rights as I have read them to you?" He cocks his head to one side, gazing expectantly at him.

Kurt returns his gaze, unwavering. "I do."

Diane sighs silently, one hand across her midsection, supporting her other elbow with it. Her face is in her hand, her eyes closed. This couldn't be happening.

Morrissey nods at the two officers. They tighten their grip on his upper arms and begin to lead him out of the lab. Diane quickly grabs her bag from the counter and securely hangs it from her elbow as she follows suit. Diane fumes as she watches them 'help' Kurt into the back seat of the car. One puts his hand on his head to keep him from hitting it on the doorframe as he shoves him inside, and Diane angrily rolls her eyes.

Then, something fuels her anger even more and she stands right in front of Morrissey. "What do you think you're doing, Anthony?" She demands.

"I'm arresting…sorry…I arrested your spouse for murder," he says with an arrogant smile. "I just got a murderer off the streets and another one is dead. I'd say it's been a good day."

"If this is some vendetta against me, then I would quickly rethink what you're doing." She lowers her voice to a deadly tone.

"A vendetta against you, Miss Lockhart? I'm making my city a safer place by getting a criminal off the streets."

"You're making a big mistake, that's what you're making," Diane says in an even lower voice, straightening to her full height. "Kurt wouldn't hurt a fly, let alone kill anyone."

"There you are wrong. Now, if you will excuse me, I have a suspect to break." As he walks past Diane, Morrissey, on purpose, bumps into her. The two glare daggers at each other before the detective climbs into the front of the cruiser.

Diane, sensing his eyes on her, switches her attention to the back of the car. She gives Kurt a small smile and he mouths 'I'm okay'. She nods once and walks towards the car.

"Can I have a minute-"

"Ma'am-"

"Please." She demands, and the younger officer nods. She opens the door again and crouches so she could look him eye to eye. "I'm going to get you out of here. This is just a misunderstanding, but I will not let them get away with this. Do you understand me?"

"I'll be fine." He nods and she sighes sadly. She leans forward and Kurt expects a kiss, only for her to move her lips to his ear, her voice lowering to a whisper.

"Don't talk. Do not open your mouth. I know how this guy works and if you don't break he will, this is just a nobody trying to become a somebody, promise me you won't talk." She pulls back to look him in the eyes again.

"I promise." He nods and she leans forward, kissing him softly.

"Ma'am," The officer calls and places his arm on her elbow, pulling her away.

She goes reluctantly and stands back, her arms folded over her midsection, and watches in frustration as her husband is driven away.

When the remaining cars take off, Diane reaches into her bag and pulls out her phone.

"Kalinda." Diane hurries, rushing towards her car as she retrieves her keys from her bag. "Get me everything you can on a detective Anthony Morrissey and see if he has any connection to a James Hill."

"Yes, that's the one Kalinda." Diane nods and pulls away from the house, following the same route the squad cars have taken moments prior.

"Is Will still in court?" She asks and swears under her breath at the answer. "Get him to call me when he's finished, will you?"

"Oh and Kalinda, this stays between us, bill me privately." Diane finishes and tosses her phone onto the passenger seat, her fingers reflexively tightening on the steering wheel.

She drives at a steady pace, willing herself to stay a safe distance behind the squad cars. But after what feels like an eternity she pulls into park outside the police station. She sighs, begging to wake up from the nightmare they've just entered. Reaching across, she throws her phone into her bag and tosses the black accessory over her shoulder as she gets out of the vehicle.

As she approaches the doors, her phone begins to ring and she suspects it to be one person.

"Will,"

"Kalinda told me you needed me, what's up?" His voice comes out calmly and she moves over to stand in the corner, her hand tucked into her coat pocket, closing her eyes again.

"Kurt's been arrested."

"WHAT?" Will's voice reverberates through the firm. Everyone within hearing distance freezes, staring at him with a variety of expressions: shock from those who don't know him and concern from those who do.

His scowl deepens as he listens intently to what Diane is telling him. He's knows just how slimy Morrissey is, and he knows how much Morrissey has hated Diane ever since she damaged his reputation in court a few years back.

"That jackass. Do you want me there?"

"No, I need to see what they are going on first; if they have any real solid facts or if they're going on assumptions," She says, taking a breath. "Will. I, ah, I don't want anyone knowing about this."

"Don't worry about that. Right now, focus on getting Kurt out and we'll see what happens from there." He assures her, and she smiles gratefully.

"Thank you," She hangs up and finally enters the station just in time to see two officers guide Kurt to the nearest interrogation room down the hall.

She hurries towards the hallway, only to be stopped by another officer. She recognizes the guy immediately, and she breathes out in relief. "Adrian,"

"Diane," He greets her with a smile, "Chances seeing you down here,"

She smiles shortly. "I need your help."

"What can I do for you?" He nods towards the direction of his office, and Diane glances over her shoulder towards the interrogation room, managing to get a quick look at Kurt through the blinds. She follows him to his office, not uttering a word until the door is closed.

"My husband was arrested earlier, he was just brought in. But Adrian I know Kurt wouldn't kill anyone. Either there's been a misunderstanding or somebody is trying to set him up." She explains and takes a seat in front of the desk.

Adrian watches her closely, taking a seat behind his desk. "Who was the arresting officer?"

She sighs, "Anthony Morrissey,"

"Ooh," He knows just how these two people enjoy each other's company, and he knows just how vengeful the detective is. "Diane, you know I can't interfere with current investigations. This isn't my case."

Diane narrows her eyes.

"But you and I, along with many others, know what kind of asshole Morrissey is, and if I were his boss he would've been sacked a long time ago. I also know that you wouldn't have married a criminal if you're choice of career is to lock 'em up. So, what do you need?"

Diane's exhales with relief. "A copy of the evidence Anthony has on Kurt."

"I'll see what I can do." He nods affirmatively.

Diane places her palm to her forehead for a brief moment. "Thank you, Adrian. I-I don't-"

"Just get that husband of yours out of his chains and let me do the rest."

"Do you know when his arraignment will be?"

"I'm afraid not Diane. Who's representing him?"

"I don't know. Will maybe, I might even call Elsbeth."

"You know who I think should defend him?" Diane remains silent as she waits for an answer. "You."

She blinks slowly, "Me?"

"Mhm." He nods, raising his eyebrows.

"I'm too emotionally related to the case, Adrian. It wouldn't be a good idea." She leans forward on the table, resting her closed fist against her jaw.

"And you would be the one who'll fight the most."

She lets her gaze waver to the photograph on the wall to her right, thinking.

"I would be closer to the case?"

"Yes," He nods.

"I have something else to ask,"

"Shoot."

o-o-o

Inside the interrogation room, Kurt tries to make himself as comfortable as he can on the hard chair with his hands cuffed to the table. He let his eyes drift to the ceiling while he thought of the best way to worm out what they supposedly have on him without answering a single one of the questions.

 _"Don't talk. Do not open your mouth. I know how this guy works and if you don't break he will, this is just a nobody trying to become a somebody, promise me you won't talk."_

Diane's voice echo's in his head and he swears to himself he'll keep his promise. The one thing that was confusing him was when she said she knew they guy. He doesn't allow himself to dwell on it, his main agenda is to do as she's said. After all, she's the lawyer not him.

"You're not going to talk, are you." The officer across the table mumbles, his cool nerve quickly diminishing at Kurt's silence. "We're done here. For now." The younger officer leaves the room, and Kurt hunches forwards.

It's going to be a long night.

* * *

 **Lordy I am nervous about this so some feedback would be nice! I'm sorry if this doesn't reveal much for now, but in the coming chapters some light will be revealed. Thanks for reading and if you leave a review :)**


	2. Chapter 2

**Hey yous! Thanks for all the reviews, really appreciate them!**

* * *

Kurt is in the middle of counting the ceiling tiles when Detective Morrissey struts in. _Arrogant little bastard_ , he thinks as he watches the other man pull out the only other chair in the room. He turns it around and sits down, straddling it. He lays an arm across its back, resting his chin in the palm of his hand and plasters a 'let's be friends' look on his face.

"So, Kurt. May I call you Kurt?" he entreats.

Kurt lets his attention drift over to him and the detective finds himself gazing into a pair of eyes that were dark and unreadable. Doubt that he may prove to be more difficult to break than he first thought begins to nibble at his mind.

"Mr. McVeigh" He corrects in a voice flat and devoid of any emotion.

"I'm sorry. Mr. McVeigh," he says smoothly. "Why don't you tell me what went down between you and James Hill. I'm sure when you are done, we'll both know that it was self defense on your part."

"Nothing went down between us. I didn't kill the man," He says with conviction.

Morrissey clucks his tongue at him. "Now, Mr. McVeigh, we both know that's not true. Here's what I'm thinking. I think your testimony failed to help put away a murderer, and as a result you took matters into your own hands."

He pauses, waiting for a response. He's eager to hear the yarn he is going to spin for him and is looking forward to picking it apart thread by thread until he gets the confession he wants. The look on his face when he realizes that he has him is going to be priceless. But Kurt isn't playing along; he just gazes at him with disinterested eyes.

The silence in the small room grows thicker and thicker with each passing second. Morrissey begins to fidget while Kurt sits completely still; there isn't even the sound of the handcuffs rubbing against the table. After several minutes have passed, the detective can't take it anymore.

"Well?" he demands, peevishly.

Kurt blinks lazily. "Well what?" He asks in a bland voice.

"What's your take on it?" he asks in annoyance.

He lets his eyes go wide with surprise. "What's my take on it?" He repeats his question.

"Yes," he almost growls at him.

Kurt mentally smiles. Diane was right. The fool would break himself if he didn't utter a word.

Kurt sits back in the chair as far as he can with his hands cuffed to the table. "Here's my take. I didn't kill him. Period."

Morrissey stares at him and he returns it without blinking. That is not the answer he expected. Kurt watches in amusement, a smile tugging at his lips, as the detective's face slowly turns red as his temper begins to boil. Idly, he wonders how long it would be before he saw steam coming out his ears. Irritated, he shoots to his feet, shoves the chair to one side and slams his hands down on the table. If he thought he could startle him, he was wrong. Kurt didn't move a muscle.

"I'm not going to play mind games with you, Kurt," he says in a threatening voice. "We have enough evidence to nail your ass to the wall."

Kurt arches an eyebrow skeptically. "Is that so?"

Morrissey's face turns a deeper shade of red. "We have your prints and blood at the scene."

"Planted," He says dismissively.

"We have a witness who is willing to testify that you purchased a weapon."

"Easily bribed," He counters, but can't resist tossing in, "And that sounds pretty reliable, especially with my choice of career. I didn't know ballistics experts used guns."

Morrissey narrows his eyes. When had he lost control of this interrogation? It feels like it's Kurt interrogating him. "There is video of you in the hotel the night of the murder."

Kurt shrugs. "Video surveillance can be tampered with."

Morrissey is growing more frustrated by the minute. "At this very moment we are executing a search warrant on your home and are checking all the dumpsters within a five block radius of the hotel for your bloody clothes. Once we find them and prove it's Hill's blood, we'll have you dead to right."

"Again. Planted."

He changes tactics and returns to pretending to be his best friend. "Mr. McVeigh, lets stop this dance," he says in a conciliatory tone. "Why don't you simply confess that you killed him? I'm sure we can work out a deal with the DA so that you don't have to spend the rest of your life behind bars. What do you say we do this?"

Kurt knows he's gotten all he's going to get out of Morrissey, and he decides that he's spoken enough. He returns to his stoic facade. It's time to put a stop to this farce. "I'm growing bored with you. I would like to talk to someone more interesting…my lawyer."

The friendly smile on Morrissey's face fades. "We don't need to involve a lawyer. This is something we can work out between us."

Kurt's eyes harden. "Didn't you hear me, Detective Morrissey? This little chitchat is over. I want my lawyer."

Morrissey debates getting into a staring match with him, but his gut tells him he would lose. He breaks eye contact, spins on his heels and glares at the officer still standing silently by the door throughout the interview. "Take him to booking," he orders and storms out.

"Yes, Sir."

* * *

Diane's been pacing the hallway for the past two hours. Kurt's still inside the interrogation room and Morrissey is in and out nonstop. Her phone is in her hand as she waits to hear something back from Kalinda.

All she knows so far is that James Hill murdered a family in their home and Kurt was brought in to testify, only for the lunatic to be found not guilty. And somehow the bastard ends up dead with Kurt being their main suspect.

She sighs and drops into a seat next to a desk, resting her forehead against her palm.

"This can't be happening." She whispers to herself, hoping that when she opens her eyes everything will just be a nightmare. Except when she does open her eyes the nightmare only gets worse. "Hey!"

She gets up and hurries towards the officer with Kurt by his side. "What do you think you're doing?"

"Booking him in, Diane." Morrissey answers from behind and she turns to look at him.

"He has the right to an attorney, do you even know your rights?" She asks him, appalled.

"Course I do."

"Then give him his rights." Diane demands and glares at him. Morrissey looks at the other officer and nods.

"I want a private meeting with my client. No cameras, mirrors, tapes, no officers present."

"Now, Diane-"

"Attorney client privilege, Anthony." She turns away, knowing she's in the right. She turns and looks towards another officer, one she hasn't seen interacting with Morrissey all day. "Have you got a private room for my client and I to talk?"

"Right this way," He nods and Diane reaches for Kurt.

"Uncuff him," She orders, but Morrissey objects.

"Oh come on-"

"I will not talk to my client whilst you disregard him like this. I would like to speak to my client without the cuffs." She motions to the younger officer who is unsure at first, but when Morrissey has no further argument he does as told. "Thank you."

Diane cocks her head for Kurt to walk ahead of her, but Morrissey grabs her elbow and jerks her back.

"You're pushing your boundaries here, Diane."

"And you're not?" She retorts sarcastically as she yanks her elbow out of his grasp and nods at Kurt to continue walking to the room appointed to them.

Once inside the room, Diane sits opposite Kurt at the table.

"You're representing me?"

"I'm not decided yet. I feel like I'm too connected to the case, but being connected at this level is also an advantage, so I'm thinking about it." She nods.

"You don't have to spend the night here."

"Are you kidding? You sleep here I sleep here." She places her hand over his and squeezes it gently, but suddenly her playful sense is gone and she pulls her hand back, opens her bag and pulls out a slip of paper. "Your arraignment is in four days. I'm going to have a closer look at the evidence and then I'll decide whether I should defend you or be a witness on your behalf. If I represent you I'll see if I can speed it up so you don't have to stay here any longer than two days. But right now, they have DNA, a witness, a receipt showing you purchased a new gun, the same make and model of the weapon used to kill Hill, and proof you checked into the same hotel as Hill the night of his murder."

"What are you saying?"

"I'm saying they have a pretty solid case. All they need is a confession and they'll take you to court immediately. We need to answer each assumption with an honest answer."

"I'm not confessing to something I didn't do."

"And I won't let you,"

"Okay," He sighs.

"They'll ask you questions relating to their evidence. Answer my question like you're on the witness stand, okay?"

He nods.

"Why were you at the hotel."

"We spent the night at The Westin after we had dinner there."

"When did you buy the gun?"

"Five weeks ago, for the Stoke's case."

"Good, mention the case. They'll look into that and they'll know you have a solid reason for purchasing the weapon. The witness."

"Someone obviously saw us at the restaurant or saw us in the lobby or somewhere and mistook me for whoever is on that tape."

"Okay. The-"

A knock on the door interrupts them and they silence. A young officer steps in and Morrissey follows.

"We found some clothes in a dumpster a mile away from the hotel."

"And?" Diane asks, standing up, discreetly sliding the slip of paper up her sleeve. Kurt notices this immediately and he looks from her hand to her, then at Morrissey.

"The DNA matches that of James Hill." Morrissey says with a smug half grin.

"What has that got to do with my client?"

"They match the clothes Mr. McVeigh was wearing that night. We can tell by video footage."

"Do you honestly think he would be that stupid and dump evidence _a mile_ away from a crime scene?" Diane tries to reason, but it does nothing.

"We'll be booking Mr. McVeigh now, and we'll be transferring him to MCC in the morning."

Diane looks at Kurt, fear readable in her eyes but she wills it away. She needs to be strong for him, because right now no matter what he says will be discarded unless it's a confession.

"I request a moment alone with my client."

"Time's up, Di-"

"My meeting with my client is not over, Mr. Morrissey. I didn't pull him out of your interrogation, I would appreciate the same respect from you." Her eyes are cold and ruthless, just like her voice.

"Five minutes." He backs down after sharing a glare with her, then leaves the room with the other officer.

Diane sits down immediately. "Who do you want defending you here Kurt? I can recommend some names, but I don't know if you'll like them."

"I want you."

Diane meets his eyes and inhales. "Kurt. Most judges won't allow the attorney to testify, if it comes down to my testimony, I can't give it if I'm defending you."

"Diane, just defend me to your best ability. That's all I want." His tone causes her to give in, and she exhales the breath she's been holding.

"Alright. I'm going to see if I can get your arraignment brought forward. No doubt MCC will have convicts you helped put away and that cannot be good."

"Thank you," He sighs, and reaches out to grab both her hands in his. He notices the slip of paper but keeps silent about it. It's then he realizes she's beginning to tear up.

"I'll be at the pri.." She stops and swallows, blinking back the tears stinging at her eyes. She looks up, trying to repair her strong front for him. "Prison in the morning."

"Hey, I don't want you thinking bad, you hear me?"

"I'm not letting them lock you up in a cage for the rest of your life." She says, making an O shape with her lips as she breathes out, that strong front and lawyer mode coming back again.

"There's the woman I know."

She manages a small smile. "I'll find whoever's doing this Kurt, I promise you."

"I know you will."

Another knock on the door signifies that their time together is over. They both stand up and Diane can feel the bile rise in her throat. Here she is watching her husband being tossed around and accused of being a murderer. A feeling of hopelessness comes over her.

"I love you. They won't get away with this." She promises, and places a kiss on his lips, then wraps her arms around his neck.

"I know. I love you, too." He places a kiss on her hairline and lets his arms fold around her, until the door swings open and a cocky Morrissey walks in.

"Alright alright lets get a move on." He raises his voice and Diane moves her lips to his ear.

"Don't open your mouth." She whispers and Kurt nods.

She pulls back and winces as she watches the cuffs being replaced on Kurt's wrists. She follows them out of the room and through the station until she's forbidden to go any further.

"I tried to get more time, but the guy hates you Diane. And I hate to say it but he has a case, his personal feelings are just a part of this." Adrian joins her at the door, watching as they load Kurt into the squad car.

"The bastard is up to something Adrian. Either he's doing it personally or someone is paying him to do this, but there's no coincidence that he's working to put my husband away."

"It's not the end yet Diane. There's an opening here, we just have to find it."

She clears her throat.

"No. This is just the beginning."


	3. Chapter 3

Diane sits with her hands folded on the scarred table of the interview room. It's been hours since she's last seen Kurt and she knows Morrissey's constant attempts to distract or deter her are all part of his manipulation to irk the hell out of her. The detective is stalling, trying to show his superiority by getting her to ask, to beg to speak to Kurt but Diane didn't fall for it. She calmly waited him out, despite the fact that she was losing it inside. The idiot doesn't know who he's messing with and Diane is looking forward to getting Morrissey's ass kicked off the force.

The door across from her opens and a male guard escorts Kurt in. He's dressed in blue and white striped inmate scrubs. His hands are cuffed in front of him and secured to his waist by a length of chain. She briefly considers asking the guard to remove the restraints but she has a feeling she would lose the battle so she doesn't try.

The officer shoves Kurt down in the chair. Instead of leaving, he stands on guard, one hand resting on Kurt's shoulder to prevent him from hopping back up. She notes that Kurt's face is impassive and his eyes unreadable. Diane has seen this before, and it's never been a good sign towards the individuals mental health.

Diane levels her steely gaze on the male guard. "You may go," she says with a curt nod.

He blinks at her. "I'm sorry, Ma'am, but I have my orders. The prisoner can't be left unsupervised."

Diane's voice grows deeper and colder. "You. May. Go." She meets his gaze unflinchingly, daring him to defy her.

He backs down. "Yes, Ma'am," he says and quickly exits the room.

Kurt opens his mouth to speak but she discretely holds up a finger, signaling to him to remain quiet. The two sit in silence. Diane gazes at him, wondering how much effect this debacle is going to do to his mind. Kurt, watching her closely for a moment, doesn't move his eyes from her, waiting for an answer. The only sound to be heard is the occasional rattle of the chain when he shifts position. A minute or two later, the phone next to Diane's elbow let's out three short, sharp beeps.

A small smile comes to her lips. "It's safe to talk now."

His eyes drift from the device back up to her and returns the smile. "Who?"

"Kalinda." She shrugs lightly.

He nods once, then let's his eyes wander away, the smile fading.

* * *

In another room, Morrissey pounds the desk in frustration when the sound cuts out and the picture grows fuzzy on the monitor. He can no longer hear or see what is going on in the interview room. He's been hoping that Kurt would reveal something incriminating to Diane that he can use against him n court.

"What the hell is going on?" he demands.

The flustered computer tech pounds away at his keyboard. "I have no idea. I can't seem to get it fixed." On the monitor the fuzzy images of Diane and Kurt begin to scroll.

* * *

Diane's eyes soften and she reaches across the table, placing her hand in his . "How are you doing?"

"I expected worse." He shrugs. But somewhere behind his defensive facade she can tell that he's doing worse than he's letting on.

"Are you eating?"

"Eating? Diane the food here wouldn't be edible for a horse, let alone a man."

She nods. "That is why," she reaches under the table and into her bag. "I brought this."

She pulls out a wrapped object and places it in front of him. He doesn't hesitate to unwrap it and reveals a brown bread sandwich.

"Really?" He scoffs, but his eyes betray him and show his gratefulness.

"No." She smirks, glad to have humored him in some way. " _This_ is for you." She places another wrapped object in front of him and takes her sandwich back. She watches in anticipation as he unwraps the burger, then places her own wrapped food back in her bag.

He opens his mouth to thank her but she holds a hand up. "Eat. Let me do the talking."

He shakes his head before picking up the food and taking a bite.

"I have a friend coming in, Elsbeth Tascioni. She's..unique, but she's good. If I have to pull out from defending you to testify she'll replace me." She says and but silences the beginning of his protest by raising her finger. "But I will only step down if it's necessary. Even if it's right before the verdict."

He stays silent, having received his answer and nods.

"I'm not certain on how many judges allow the attorney to testify, I've only ever come across two in my years of work and they were a long time ago. Will is at a basketball game at the moment, so he'll try to get me some names. But I can't guarantee anything. If it's a fair judge, I'll try to get them to allow it, but again only if it's necessary. Right now I'm mainly focusing on getting you out on bail. We can work to prove your innocence then."

"You've two days, right?"

"Yes, your arraignment is in two days. I need to know your schedule for the university. If you're supposed to be teaching I can use this. And if there's anything else that will secure that you won't leave the country."

"My roster for the university is in my office."

"Good." She nods, jotting the information down on a piece of paper. She looks up to see him finish the last of his burger and sighs silently. "The DA's office is offering you a plea bargain."

"Of?"

She swallows. "Three to ten years. Parole permitted at the fifth year."

"What do you think?"

"As your lawyer? I think it's better than the time you would get if you went to trial."

"And as my wife?"

She inhales. "I'm terrified."

There's a small moment of silence. "What's the most I could face if I don't take the plea?"

She looks away for a brief second and clears her throat. "A minimum of twenty five years."

"I didn't do it."

Her eyes find his again. "I know you didn't. But the evidence, the timeline. They have a solid case."

"I have no case do I?"

She stays silent, carefully planning her response. "You have up to your arraignment to decide on what you're going to choose. I told you my current aim is to get you out on bail."

"I'm not taking the plea."

"Kurt, five years. You would still have a life. Twenty five?"

"You think I should plead out?"

"I don't know. I have a friend at the police department who I'm meeting later, he'll have a copy of the evidence Morrissey has and I'll get a better idea of how solid their case is. Just, keep your options open. You have two days."

"I didn't do it!" His voice raises in frustration. It's his first flash of true emotions since the handcuffs have first been slapped on his wrists.

She blinks, giving him time to calm down. She's seen what past clients have gone through and she knows how to deal with them. Only this time her heart is aching.

"I'm sorry," He mumbles after a moment of silence, placing his face in his hands on the table.

"Don't be. If I were in your shoes.."

"I hope you never are," He says honestly and looks up at her again.

"Whoever is doing this, Kurt, they won't get away with it. I promise you."

"I know," He nods, looking away from her towards the corner of the room, exhaling loudly.

"I need to go." She's says regretfully. The last thing she wants to do is leave him here. "I'll come by tomorrow morning once I have something prepared for the arraignment." She gets up and places the paper from his food into her bag and pulls out a packet of gum. "I brought you this, too." She slides the small packet across the table.

She props her bag over her shoulder and smirks. She takes a step towards the door when she hears the chains rattle and turns to see him looking at her.

"What? No kiss?"

"I'm your lawyer. It's unethical." She sends the tease back, astounded at how well he's managing to cope with everything that's happening to him. He scoffs. "But," She steps back. "As your wife, I believe it's perfectly ethical." She leans down and places a promising kiss on his lips. "I'll be back tomorrow. Get some sleep tonight, and hide your contraband." She winks and straightens up again, then moves towards the door and opens it, signalling to the guard that their meeting is over.

Kurt chuckles and quickly places the gum into the chest pocket of his uniform. The guard enters the room and Diane waits until Kurt is out before following. She stays with him until she comes to the split corridor that will take her out a different door, so she says goodbye with a meaningful nod.

A moment later when she's sitting in her car outside, she let's her head fall back against the headrest. She'll have to work around the clock in order to get Kurt out on bail. Her phone buzzes from her bag beside and it takes her a moment to register the sound. She reaches across and retrieves it.

"Adrian."

Her eyes widen when she hears the news he's telling her.

"You're kidding?"

Her jaw drops slightly.

"No, no. I can be there in about thirty minutes."

She starts her car.

"See you then."

* * *

 **What news has Adrian got for Diane? let me know what you think and if someone guesses correctly, I'll update earlier than next Sunday ;)**

 **Thanks all for the reviews!**


	4. Chapter 4

Kurt lays on the bunk, staring at the ceiling of his cell, having nothing better to do. He's had a rough night. Between the tossing and turning, the worrying about his predicament and the guard walking past his cell every hour, he's gotten very little sleep. He had given up on it hours ago and since then he's spent the remaining time gazing through the bars at the window, waiting for dawn to light up his little patch of sky.

His restless mind drifts to thoughts of Diane, and what she's doing. Is she asleep? Or is she still working to get him out? As he pictures her sitting in her office, knowing she got to sleep in a comfy bed, take a warm luxurious shower, and have a leisurely breakfast of her choice, a stab of jealousy hits him directly in the heart. It wasn't fair that her and everyone he knows are all out there enjoying their freedom while he's locked in this 6x9 hellhole with a thin mattress, no shower and have to eat whatever they give him.

The moment the thought comes to him, Kurt is ashamed of himself. Everyone he knows, especially Diane isn't as selfish as his mind is making them out to be. He hardly doubts that she's gotten a decent night's sleep, worrying about him keeps her up, she told him herself. Knowing that Diane cares brings him a small slice of comfort. He takes that pang of jealousy and shoves it back in the box it has escaped from, doubling the lock and nailing down the lid.

"Hey! Get over here and get your breakfast before I dump it on the floor," the guard orders, pushing the tray through the slot in the door.

Kurt gets up and goes to retrieve the tray. He carries it over to the metal table and sits down on the metal stool. He mechanically eats the tasteless and unrecognizable meal, forcing himself to down every bite. When he's done, he goes back to his bunk and resumes his contemplation of the blank ceiling.

An hour later, two guards arrive at his cell to help him get ready for his arraignment hearing. Once Kurt is properly dressed and restrained, he's taken down and loaded, along with his fellow inmates, onto the jail transport bus for their trip to the courthouse. After pulling in behind the building, they're unloaded and placed in holding pens outside their assigned courtrooms to wait their time before a judge. Kurt shuffles into the pen and takes a seat in the corner, purposely avoiding contact with its occupants. He leans his head against the wall and closes his eyes. The only signs of agitation in him are in the form of the slight shaking of his right leg and the subtle tugging at the cuffs.

A bailiff steps up to the holding pen door. "McVeigh, you're up."

Kurt sighs and stands up. The bailiff leads him over to the side door leading to the courtroom. As he double checks the cuffs on his wrists and ankles, he takes the time to compose himself When he steps through the door, he's in total control of his emotions.

As he's guided over to Diane's side, he lets his eyes glide over the spectators. The courtroom is almost full and he hopes they're not all there for him.

"Hey." He mumbles as he walks behind Diane and stands behind the table next to her.

She looks at him, her heart aching. "Hey." She does her best not to reach for his hand or give any affection.

While the judge looks over his docket, Diane turns to him, her voice almost a whisper. "Did you sleep?"

"Not much."

Diane winces slightly. "I got a call last time I visited. They have camera proof of someone who looks similar to you entering the bathroom at the same time Hill was killed. I don't think Morrissey knows about it so when it comes to trial I'll announce it."

"Thank you." He says, and looks at her. She twitches her eyebrow in confusion. "For being my lawyer. I know..."

"Don't. I'm going to stand by you Kurt, inside and outside the courtroom."

A genuine smile appears on his face and it takes them both great willpower to not lean in and share a kiss.

"The state of Illinios versus Kurt McVeigh," the judge announces, looking up from the file to look at the defendant's table.

He then reads off the charges. Kurt isn't surprised by the charges of murder one. But he blinks in surprise at the one for resisting arrest. The last one is a total joke; he hadn't put up a struggle when they had slammed him into the ground at his lab.

"How does the defendant plead?" the judge asks in a deep baritone.

Kurt straightens his spine, holds his head up high and locks eyes with him. "Not guilty, your Honor," he says in a clear and confident voice.

"So noted."

Diane breathes in, and slowly exhales before speaking, as Kurt sits down. "Your Honor, if I may, I would like to address the issue of bail." She gestures to Kurt. "Kurt McVeigh is a well known ballistics expert who has helped many attorneys with cases. I would like to request that he be released. He's regarded highly for his work and is one of the best ballistic experts in Illinios. Not only that he also teaches courses in many universities."

The Assistant DA is fairly bursting to get her two cents in. "Your Honor, we agree that the defendant is a valued member in his work force, but he used this to murder an innocent man," the other woman argues. "But more importantly, he is a flight risk."

"Your Honor, Mr. McVeigh is not at flight risk, I assure you this. If he is released I will guarantee he is present for all court appearances."

"And how would Ms. Lockhart ensure this Your Honor?" The ADA looks at Diane, and Diane knows her motive behind her questiom.

The judge looks at the ADA before looking at Diane, who masks her discomfort. She hadn't expected her marriage to come up. "Ms. Lockhart?"

"Your Honor, Mr. McVeigh and I are.. _married_. I assure you, again, that he is not at flight risk."

The judge carefully considers both arguments before rendering his decision Diane's hands fall to her sides and her heart races as she awaits the decision.

"Bail is granted at a hundred thousand dollars."

Diane gasps slightly and closes her eyes, clearly relieved at the decision. She turns to look at Kurt, who's face is in his hands. The bailiff comes over and stands beside the table.

"Kurt.." She says, her voice faint. He looks up at her and when he notices the bailiff he gets up, holding his hands out. His restraints are untied and removed.

As the bailiff walks away Kurt turns to Diane, his arms folding around her waist and he pulls her to him. Usually she would be self concious about displaying public affection, but right now all she wants is to be wrapped up in his arms.

"Come on. Let's go home." She smiles, blinking hard to stop the tears pricking at her eyes.

She grabs her bag and let's Kurt walk in front of her, only to be stop when the ADA, steps between them.

"Your husband's going down, Diane. You're only going to get hurt protecting him."

Diane chuckles, then takes a step closer to the shorter woman. "Well then fasten your seatbelts. We're in for a lot of hurt."


End file.
